Khan v. Midwestern University

Khan failed three courses in her first year of medical school at The Chicago College of Osteopathic Medicine. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. The school gave Khan a second chance. She was able to pass the classes on her second try the following year, but she continued to fail new classes in the second year. This time, however, she was pregnant. After being expelled, she sued, claiming that the school had violated the Rehabilitation Act, 29 U.S.C. 701. The Seventh Circuit affirmed summary judgment in favor of the school. Whatever the nature of any discrimination, it has no legal relevance if Khan was not otherwise qualified, with or without accommodations, for the program. In the context of a university, a person is “otherwise qualified” if she is able to meet all of the program’s requirements in spite of her disability, with or without a reasonable accommodation. Under the school’s policy, Khan’s accumulated failure-equivalents in the 2010-2011 academic year rendered her eligible for dismissal before she became pregnant and acquired what she alleges were pregnancy-related disabilities. View "Khan v. Midwestern University" on Justia Law